What to Know About the 10-Year Rule in California Divorce

When navigating the complexities of divorce, many individuals in California find themselves grappling with the “10-year rule,” which can significantly influence the outcome of their legal proceedings. This rule, embedded in California’s community property laws, is crucial in determining the division of assets and spousal support obligations.

Though California has one of the lowest divorce rates in the United States, understanding the nuances of this rule is essential for anyone involved in divorce proceedings. It can impact everything from financial settlements to the duration of alimony payments.

What is California’s 10-Year Rule?

The length of a marriage is considered a factor in California divorces. California Family Code § 4336 states that “the court retains jurisdiction indefinitely in a proceeding for dissolution of marriage or for legal separation of the parties where the marriage is of long duration.” A marriage of long duration is generally defined as one that has lasted ten years or more. 

This usually has the most impact on spousal support, with long-term marriages necessitating the payment of spousal support for an extended amount of time and, in some cases, indefinitely. While the 10-year rule provides a general framework, California courts also consider other factors when determining spousal support, such as the needs of the receiving spouse, the ability of the paying spouse to support themselves while paying support, and the standard of living established during the marriage. 

Defining “Long-Term” Marriages In California

California defines a long-term marriage as one lasting ten years or more. This classification significantly impacts the legal proceedings related to spousal support and asset division, often resulting in more complex and potentially more enduring arrangements compared to shorter marriages.

• Long-Term Marriages — In California, if a marriage lasts ten years or more, the court typically considers it a long-term marriage. In such cases, there is no set end date for spousal support; it is often awarded indefinitely or until the receiving spouse remarries or the court otherwise modifies the support order. The length of support in these cases can be subject to periodic review and modification based on the changes in circumstance.
• Marriages Shorter Than Ten Years — For marriages that last less than ten years, spousal support is generally awarded for roughly half the length of the marriage. For instance, if a couple was married for eight years, spousal support might be ordered for four years, although this can vary depending on the circumstances of the divorce.

How Does the 10-Year Rule Impact Divorce?

In California, the length of a marriage plays a significant role in various aspects of divorce proceedings, influencing everything from asset division to spousal support. Here’s how the duration of the marriage can impact a divorce:

Alimony or Spousal Support

In a long-term marriage (10 years or more), spousal support may be awarded indefinitely or for a long duration, with no set end date. The court often reviews these support arrangements periodically to ensure they remain fair and appropriate based on the circumstances of both parties. The receiving spouse is generally expected to demonstrate a continued need for support, while the paying spouse may seek modifications if their financial situation changes.

Asset Division

California’s community property laws also apply to long-term marriages. Most assets and debts acquired during the marriage are divided equally upon divorce. In long-term marriages, the division can involve more complex asset valuations and considerations, particularly with regard to substantial investments or retirement benefits accumulated over time.

Retirement benefits and pensions accumulated during a long-term marriage are subject to division. The longer the marriage, the more significant the potential division of these assets, which can involve detailed calculations and legal procedures.

Legal and Procedural Considerations 

The length of the marriage can influence presumptions about the need for support and the equitable division of property. In long-term marriages, there might be a stronger presumption in favor of ongoing support or an equal division of assets.

Marital Standard of Living

Courts may consider the standard of living established during the marriage when determining spousal support and asset division. In long-term marriages, where the lifestyle may be well-established, the goal can be to maintain a similar standard of living for both parties post-divorce.

Children and Custody

While not directly related to the length of the marriage, long-term marriages often involve children who have been raised in a stable environment. The length of the marriage can influence custody arrangements and the overall approach to parenting post-divorce.

Impact on Divorce Settlements

Divorce settlements in long-term marriages can be more complex due to the accumulation of assets, the length of time contributions have been made, and the potential for ongoing spousal support. The court’s approach may involve more detailed financial analyses and considerations of long-term contributions.

Are there Exceptions to the 10-Year Rule?

Yes, there are exceptions and nuances to California’s 10-year rule in divorce, particularly regarding spousal support (alimony). While the 10-year rule provides a general framework for determining the duration of spousal support, several factors and exceptions can influence its application:

Judicial Discretion

Judges have considerable discretion in determining spousal support arrangements. Even in long-term marriages (10 years or more), the court may decide on a different support duration based on the unique circumstances of the case, including the financial needs and earning capacity of each spouse.

Remarriage or Cohabitation

The receiving spouse’s remarriage or cohabitation with a new partner can lead to modifications or termination of spousal support. Courts may adjust or end support based on changes in the receiving spouse’s financial situation due to these life changes.

Short-Term Marriages with Special Circumstances

In some cases, even short-term marriages might lead to extended spousal support if there are special circumstances, such as significant sacrifices made by one spouse for the benefit of the other or for raising children. Courts may consider these factors in determining support duration and amount.

Prenuptial or Postnuptial Agreements

If the parties have a prenuptial or postnuptial agreement that specifies different terms for spousal support, those terms may override the general 10-year rule. Agreements made before or during marriage can influence how spousal support is calculated and awarded.

Have Questions About Divorce in California? Turn to Thompson Law

If you’re contemplating a divorce in California, navigating the complexities of the legal process can be daunting. At Thompson Law, we understand that each divorce case is unique, and we are committed to providing personalized, compassionate guidance every step of the way.

Our experienced team is well-versed in California’s intricate divorce laws, including the nuances of spousal support, asset division, and custody matters. By reaching out to us, you ensure that your rights are protected and that you receive expert advice tailored to your specific situation.

Contact Thompson Law today to schedule a consultation and take the first step toward achieving a fair and equitable resolution to your divorce.